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AMERICAN SECURITY PROGRAMS
WEBSITE AGREEMENT (ASPWA) American Security Programs welcomes you, and we sincerely appreciate your interest in our company. We encourage general use and consumption of this website (hereafter “the Site”) in accordance with the terms and conditions described herein. Please read this American Security Programs Website Agreement (hereafter “ASPWA”) very carefully. We have created the Site for a variety of reasons, which are outlined later in this agreement. Unless explicitly stated otherwise, access to and use of all content (hereafter “the Content”) -- to include text, images, graphics, audio, video, and code from the Site -- shall be subject to this ASPWA, regardless of the date or timing of the Content’s creation and incorporation. In reviewing the ASPWA, it should be understood that with the exception of the main document heading, which clearly identifies this document as the “American Security Programs Website Agreement (ASPWA)”, the various other section titles of this document are for convenience only and have no legal force or contractual effect. ACCESS, USE, AND CONSUMPTION Compliance with and acceptance of the ASPWA is required in order for you to have access to and use the Site. By accessing, using, or otherwise consuming the content delivered by the Site, users are representing their acceptance and agreement to be bound by the terms of this ASPWA. The same acceptance and agreement will likewise be represented by otherwise initiating or engaging in interactions with the servers, systems, software, or codes belonging to American Security Programs. This ASPWA constitutes the entire agreement between you (i.e., the user) and American Security Programs with regard to the Site and the Content. Be advised, though, that you also may be subject to additional terms and conditions that may apply when you become party to other (separate) contracts and agreements with American Security Programs. This version of the ASPWA supersedes any prior ASPWA between you and American Security Programs. Any verbal statements or assurances offered by American Security Programs or its representatives should in no way be understood to adjust, change, modify, clarify, or make additions to this ASPWA in any way. The ASPWA shall not be modified except in writing supplied by us (see the section below entitled “Updates to Agreements”). If you do not agree with or do not accept any of the elements or the individual clauses of this ASPWA, please 1) immediately exit the Site, 2) delete records of the Content, and 3) refrain from further access. UPDATES TO THE AGREEMENT The terms of the ASPWA are subject to change at American Security Programs’ sole discretion. Said changes may be implemented at any time without prior notice. You can review the most current version of the ASPWA at: http://www.securityprograms.com/legal/termsofuse.aspx. All changes to the ASPWA shall be immediately effective upon posting. It is incumbent upon users who access the Site to periodically check the ASPWA to determine the current terms. Continued use of and access to the Site after changes are posted shall constitute acceptance of the changes. WARRANTS OF THE USER By initiating or engaging in electronic interactions with the Site or the software and codes belonging to American Security Programs, you represent that:
The Site has five primary functions as follows:
The Site and the Content include proprietary materials that are protected by applicable intellectual property laws and other laws. Any unauthorized use of the Content, or any portion thereof, may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. The protected materials and information include, but are not limited to, all trademarks, service marks, service names, software names, text, graphics, images, audio, video, codes, page headers, and buttons. Protections also extend to the particular arrangement and integration of all such content on the Site. The copyright and property rights for the Content is and continues to be held by American Security Programs. Nothing in this ASPWA, or the Site, or the Content shall convey an ownership interest or a non-terminable license pertaining to the Site or the Content, or any portion thereof. All rights to the Site and the Content are specifically reserved. Notwithstanding this reservation of all rights, it should specifically be understood that American Security Programs may, from time to time, at American Security Programs’ sole discretion, without liability, and with or without notice:
American Security Programs grants a personal, non-transferable and non-exclusive right and license to access, use, and consume the Site and the Content on a single computer, provided that the purpose of access, use, or consumption is not commercial in nature, and furthermore provided that your actions do not contravene or violate any of the other terms or provisions of this ASPWA. Permission is also granted to print hard copies of pages from this Web site, provided that the hard copies will not be used for commercial purposes, and furthermore provided that your actions do not contravene or violate any of the other terms or provisions of this ASPWA. Unless permission is obtained in writing from American Security Programs, you are prohibited from:
American Security Programs is pleased to hear from customers and Site users, and our company welcomes your input. However, please note that American Security Programs does not want to receive any confidential, proprietary or trade secret information through the Site. All submitted information, materials, suggestions, ideas or comments sent to American Security Programs are therefore deemed non-confidential. We may, in our sole discretion, determine that the contents of certain submissions should be kept confidential. However, we cannot agree in advance to keep confidential any submission of creative ideas, disclosures of inventions, other disclosures of potentially useful information, or submissions of any other content. By submitting text, images, photos, graphics, audio, video, or any other form of data or information through the Site, you are granting American Security Programs an irrevocable, perpetual, royalty-free, paid-up, non-exclusive, and unrestricted license, effective everywhere, to use, consider, retain, modify, reproduce, adapt, copy, transmit, publish, publicly display, publicly distribute, disclose, and otherwise exploit the submitted information, suggestions, ideas or comments for any purpose whatsoever, including advertising. For example, we may use customer reviews from the site in our online or print advertising, along with source name and city/state of residence. The authorizations and permissions expressed in this paragraph extend to all formats and media currently known, as well as all formats and media that may be invented or developed in the future. Contributions and submissions will immediately become the property of American Security Programs without any obligation of American Security Programs. Proprietary rights will transfer to American Security Programs at the moment of user submission without any further action by any Party. Subsequent to transmission, you will not be entitled to any compensation or reimbursement of any kind from American Security Programs under any circumstances. American Security Programs reserves the right to assign or sublicense information submitted through the Site. These assignment and sublicensing rights apply to all manner of copying, display, distribution, transmission, storage, recording, and all means of exploitation. The rights to assignment and sublicensing also extend to all formats and media currently known, as well as all formats and media that may be invented or developed in the future. If any applicable law, judicial decision, or regulatory requirement restricts or limits the provisions of this section, American Security Programs’ liability, if any, will be limited in accordance with the terms of this ASPWA. PURCHASE OF GOODS OR SERVICES Products and services offered through this Site may be subject to terms and provisions that are in addition to, or distinct from, the ASPWA. Therefore, the delivery and acceptance of any such product or service shall be subject to any additional or distinct terms supplied by American Security Programs or by the third-party supplier(s) of the product(s) or service(s). DISCLAIMERS Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. American Security Programs makes no warranty that the Site, the Content, or any portion thereof, will meet your requirements. Access, use, and consumption of the Site is at each user’s sole discretion, and each user must evaluate and bear all risks associated with reliance upon the usefulness of the Site and the Content. Any faults, errors, failures, malfunctions, or shortcomings that can presently be identified may not ever be corrected. We make no warranty about the security of the Site and the Content. We are not representing that the Site is impervious to attack or malware. All downloading and interactions with the Site and the Content are at the user’s sole discretion and risk. Technical processing and transmission of the Content may involve transmissions over various networks. In using the Site to engage in electronic communications (including but not limited to email, search queries, sending messages to American Security Programs, uploading photos and files, and other Internet activities), you will be causing communications to be sent through computer networks, various portions of which may be located throughout the United States. As a result, even communications that seem to be intrastate in nature can result in the transmission of interstate communications, or even international communications, regardless of where you are physically located at the time of transmission. By using the site, you acknowledge that use of the service results in interstate or international data transmissions. The Site is accessible internationally, but is operated and controlled in the United States. Therefore, any data provided by you, such as personal data, will be processed in the United States where levels of data protection and applicable privacy regulations might differ from countries other than the United States. By accessing the Site, all users, including, but not limited to, users in the European Union, fully understand and consent to: (1) the collection and processing of such information in the United States of America under the laws and regulations that apply in the United States, and (2) all other terms of the ASPWA. Operation of the Site is directed from a location in the Commonwealth of Virginia, United States of America. We make no representation that the Site, or the Content, or the links are appropriate for use in countries other than the United States. Those who choose to access this Site from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. Although we endeavor to safeguard against unauthorized disclosures of information, we cannot guarantee that information collected via the Site will never be obtained by unauthorized third parties or used by third parties in a manner inconsistent with the terms of this ASPWA. In this sense, transactions with and through the Site should not be considered “secure.” The Site and the Content are provided "as is," with all faults. We make no representations or warranties of any kind, express or implied, about completeness, timeliness, accuracy, reliability, or suitability with respect to the Site or the Content. This Site or the Content may contain typographical errors or inaccuracies and may not be complete or current. We apologize for any inconvenience. Every effort is made to keep the Site up and running smoothly. However, events may occur that result in disruption or discontinuation of access to the Site, removal of specific elements of content, or corruption of code. Any reliance you place on the Site or the Content, or any portion thereof, is strictly at your own risk. American Security Programs takes no responsibility for, and will not be liable for, the Site being temporarily or permanently unavailable. You are responsible for obtaining access to the Site and the Content by your own means. Access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including but not limited to fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Site and the Content. A wide variety of systems, devices, and software may be used to access the Site and the Content (ex. Internet Explorer, Firefox, Safari, Opera, etc). It is possible that it may become necessary to adapt to certain technical requirements to improve or enable communication with respective devices, systems, and software. Transmissions of the Site and the Content may therefore vary from device to device and from software to software. We make no representation that the Content will be delivered consistently across systems, devices, or software packages. The purpose and scope of the Site and the Content are clearly outlined in this ASPWA (see section entitled, “Intended Purpose of Site and Explanation of Content.”). Information provided on this Site and via linked sites should under no circumstances be understood to be seeking or encouraging investments of any kind. The Content may include links to other websites, companies, services, and advertising operated by third parties. We have no control over the nature, content and availability of the linked sites, and make no representations and offer no warranties with regard to such sites. We cannot monitor or evaluate the linked sites. We take no responsibility for the linked sites’ activities, contents, features, codes, underlying materials, terms of access, or privacy policies. Links are merely provided for convenience, and their use is at each respective user’s sole discretion and risk. The inclusion of any links does not necessarily imply a recommendation or endorsement of the views expressed within them. Respective users will need to make their own independent decisions regarding interactions or communications with any other web site. Materials on other sites may be subject to proprietary rights and other restrictions. Should users of the Site choose to click or follow any link to another website, the users are responsible for checking linked sites’ terms and conditions of access and use, as well as the site’s privacy policies. We offer no warranties of any kind with regard to message submission. American Security Programs takes no responsibility for, and will not be liable for, any intentional or unintentional deletion, code malfunction, message mis-delivery, or any failure to store user communications or settings. American Security Programs takes no responsibility for and makes no warranties with regard to user privacy. Relevant policies can be found at http://www.securityprograms.com/legal/privacy.aspx. A small percentage of users experience epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen. Certain conditions may induce previously undetected epileptic symptoms, even in users who have no history of prior seizures or epilepsy. If you, or anyone in your family, have an epileptic condition, consult your physician prior to accessing, using, consuming, or otherwise interacting with the Site. Immediately discontinue use of the Site if you experience any of the following symptoms while accessing, using, or consuming the Site or the Content: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions. Be advised that this paragraph is not intended to constitute medical advice, and contacting your physician after experiencing any such symptoms is strictly at the user’s own discretion. INDEMNIFICATION AND LIMITATION OF DAMAGE AMERICAN SECURITY PROGRAMS, OUR LICENSORS, AND SUPPLIERS SPECIFICALLY DISCLAIM ANY AND ALL STATUTORY, EXPRESS, OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF: (1) SUITABILITY FOR ANY PARTICULAR PURPOSE; (2) MERCHANTABILITY; (3) COMPLETENESS; (4) ACCURACY; (5) NON-INFRINGEMENT; AND (6) FREEDOM FROM TECHNICAL ERRORS OR UNAUTHORIZED, INJURIOUS INTRUSIONS, OR ITEMS, SUCH AS HACKING, VIRUSES, AND OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AMERICAN SECURITY PROGRAMS OR THROUGH THE SITE OR THE CONTENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE ASPWA. WARRANTIES, OR ASPECTS OF THEM, THAT ARE, BY LAW, INCAPABLE OF BEING DISCLAIMED IN A PARTICULAR JURISDICTION ARE NOT DISCLAIMED IN THAT JURISDICTION. IRRESPECTIVE OF WHETHER A CLAIM IS BASED UPON CONTRACT, NEGLIGENCE, TORT, OR OTHER PRINCIPLES, AND IRRESPECTIVE OF WHETHER THEY HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, OUR DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS, OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES (HEREAFTER “THE L&D”), INCLUDING WITHOUT LIMITATION INDIRECT, PUNITIVE INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM:
YOU HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION RESULTNG FROM ANY DOWNLOAD OF DATA THROUGH THE SITE. IF USE OF THE SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS AMERICAN SECURITY PROGRAMS, OUR OWNERS, AFFILIATES, SUBSIDIARIES, TRANSFEREES, ASSIGNS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SUPPLIERS AGAINST ALL LOSSES, EXPENSES, DAMAGES, AND COSTS, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES, DUE TO OR ARISING OUT OF 1) YOUR ACCESS, USE, OR CONSUMPTION OF THE SITE AND THE CONTENT, OR ANY PORTION THEREOF; OR 2) ANY VIOLATION OF THE ASPWA BY YOU OR BY OTHERS THAT GAIN ACCESS TO THE SITE, THE CONTENT, OR ANY PORTION THEREOF, THROUGH YOUR SYSTEM OR WITH YOUR DIRECT OR INDIRECT ASSISTANCE OR INVOLVEMENT. AMERICAN SECURITY PROGRAMS RESERVES THE OPTION, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU SHALL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES. YOU SHALL BE RESPONSIBLE FOR ANY DAMAGES OR FINES ASSESSED DUE TO A VIOLATION OF THE ASPWA BY YOU OR OTHERS THAT GAIN ACCESS TO THE SITE THROUGH YOUR SYSTEM OR WITH YOUR DIRECT OR INDIRECT ASSISTANCE OR INVOLVEMENT. DISPUTES, INTERPRETATION, CHOICE OF LAW AND FORUM Ambiguities in this document, if any, shall not be enforced against the drafter. Rather, ambiguities shall be fairly read so as not to prejudice the rights of American Security Programs. All disputes, claims, and causes of action arising from or relating to this ASPWA, the interpretation of the ASPWA, or relevant subject matters (including, but not limited to, the Site and the Content) shall be governed by, resolved, and remedied in accordance with the laws of Virginia, USA without resort to conflict of law principles. By accessing, using, or consuming the Site or the Content, or any portion thereof, you expressly consent to the jurisdiction and exclusive venue of said courts, and you agree to waive any and all objections to the exercise of jurisdiction over the parties by said courts. However, American Security Programs may, at its sole discretion, institute or convert any action (no matter which Party initiates it) to an arbitration under the applicable rules of the American Arbitration Association. Said arbitration will: (1) apply the choice of law specified above; and (2) take place in Dulles, Virginia. All disclaimable or waivable local and international provisions related to choice of law or dispute resolution are waived or disclaimed by you in favor of the above choice of Virginia law, jurisdiction, and forums for dispute resolution. BREECH OF AGREEMENT All permissions (see section entitled “Scope and Limitation of Authorized Use”) with regard to the Site and the Content are rescinded and automatically terminated when you breach the terms and conditions of this ASPWA. Upon termination of permissions, you must immediately destroy any downloaded and printed materials. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. COMMUNICATION REGARDING COPYRIGHT ISSUES If you believe that the Site or the Content infringes a copyright or other proprietary right, please forward a notice in accordance with 17 U.S.C. § 512 to: American Security Programs Attn: Director of Marketing 22900 Shaw Road Dulles, VA 20166 The notice should include the following information:
Some jurisdictions do not allow the exclusion of certain warranties of the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations and disclaimers expressed in this ASPWA may not apply to you. If any provision(s) of the APWA are deemed unenforceable in a determination by a body with proper jurisdiction, the Parties agree (without waiving rights of appeal) that the unenforceable provision(s) shall be: (1) reconstituted to approximate as closely as lawfully possible the evident intent of the original provision(s); or (2) if option (1), above, cannot be implemented, the unenforceable provision(s) shall be excised from the ASPWA and the Parties shall negotiate in good faith with respect to their modification. If the Parties cannot agree to a modification, the ASPWA shall be enforced, without the unenforceable provision, in a fair manner and without undue prejudice to either Party. ENFORCEMENT AND STATUTE OF LIMITATIONS The failure of American Security Programs to exercise or enforce any right or provision of the ASPWA shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to access, use, or consumption of the Site or the Content, or any portion thereof, must be filed within one (1) year after such claim or cause of action arose or be forever barred. LAST UPDATED: 10/25/2011 |
    
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